DAILY CATHOLIC TUESDAY February 9, 1999 vol. 10, no. 27
NEWS & VIEWS |
RAPIST'S SENTENCE OVERTURNED BECAUSE JUDGE QUOTED BIBLECINCINNATI (CWNews.com) - An Ohio appeals court overturned a child rapist's 51-year sentence on Friday because the judge quoted from the Bible while imposing the sentence.The Ohio 1st District Court of Appeals ruled that the sentencing in January 1988 of James Arnett, 33, by Judge Melba Marsh was unconstitutional because Marsh referred to the Gospel of Luke 17:2 -- "It would be better for him if a millstone were hung round his neck and he were cast into the sea, than that he should cause one of these little ones to stumble." -- as the sentence was imposed. Arnett had pleaded guilty to raping and molesting the 8-year-old daughter of his fiancee.
Appellate Judge Mark Painter wrote in the 2-1 ruling, "We
stress that this case is unusual in that a specific text in
the Christian Bible was the determining factor in the
judge's imposition of punishment." The court said Arnett
should receive a new sentencing hearing where he may ask
for a lesser sentence. Prosecutors said they plan to appeal
to the state Supreme Court.
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